text:
Jack Balkin:
jackbalkin at yahoo.com
Bruce Ackerman
bruce.ackerman at yale.edu
Ian Ayres
ian.ayres at yale.edu
Corey Brettschneider
corey_brettschneider at brown.edu
Mary Dudziak
mary.l.dudziak at emory.edu
Joey Fishkin
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber
mgraber at law.umaryland.edu
Stephen Griffin
sgriffin at tulane.edu
Jonathan Hafetz
jonathan.hafetz at shu.edu
Jeremy Kessler
jkessler at law.columbia.edu
Andrew Koppelman
akoppelman at law.northwestern.edu
Marty Lederman
msl46 at law.georgetown.edu
Sanford Levinson
slevinson at law.utexas.edu
David Luban
david.luban at gmail.com
Gerard Magliocca
gmaglioc at iupui.edu
Jason Mazzone
mazzonej at illinois.edu
Linda McClain
lmcclain at bu.edu
John Mikhail
mikhail at law.georgetown.edu
Frank Pasquale
pasquale.frank at gmail.com
Nate Persily
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
Deborah Pearlstein
dpearlst at yu.edu
Rick Pildes
rick.pildes at nyu.edu
David Pozen
dpozen at law.columbia.edu
Richard Primus
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph
alice.ristroph at shu.edu
Neil Siegel
siegel at law.duke.edu
David Super
david.super at law.georgetown.edu
Brian Tamanaha
btamanaha at wulaw.wustl.edu
Nelson Tebbe
nelson.tebbe at brooklaw.edu
Mark Tushnet
mtushnet at law.harvard.edu
Adam Winkler
winkler at ucla.edu
Compendium of posts on Hobby Lobby and related cases
The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC
The Anti-Torture Memos (arranged by topic)
Recent Posts
Government of the filibuster and by filibuster: Ever more thoughts on our defective Constitution
Monday, March 02, 2009
Government of the filibuster and by filibuster: Ever more thoughts on our defective Constitution
Sandy Levinson
Jean Edward Smith has posted an interesting piece on "Filibusters: The Senate's Self-Inflicted Wound," correctly noting "the trivialization of the filibuster in the Senate" and the reality of what can only be called minority tyranny. Smith notes that whatever rationale once justified the filibuster with regard to protecting some identifiable state institutional interests from the ravages of the national government went out the windoow with the 17th Amendment. "But with the direct popular election of senators, all of that changed. Senators no longer represented state governments, they represented the people. The rationale for providing states a veto through the use of the filibuster no longer obtained." Indeed, as I have argued repeatedly, the rationale for equal voting power in the Senate no longer obtains either; it has turned into the nation's most important affirmative action program, where the beneficiaries are the residents of small states with inordinate power to block legislation or to seek self-serving rents (see, e.g., Maine Senators Snowe and Collins). Smith concludes as follows: "In the great legislative reapportionment cases of the 1960s, the Supreme Court defined democratic government as majority rule based on the principle of one person, one vote. It is time to apply that standard to the Senate." But, of course, if we applied that standard to the Senate, far, far, far more than the filibuster would fall.
It's worth noting that the Times has also published an op-ed that calls for Harry Reid to "detrivialize" the filibuster by bringing up everything for a vote and forcing the Republicans to spend their nights in the Senate keeping the floor and to be publicly accountable for obstructing the popularly supported majorities of the House and Senate, instead of capitulating to the ludicrous "phantom filibuster" custom that has arisen over the past twenty years or so.
The GOP would absolutely LOVE this option. A genuine filibuster would give the GOP the floor for non stop televised speeches to roast the Obama spending pork item by item and dominate the news cycle in a Dem media which is currently ignoring them.
The Dem Congress is hardly going to give the GOP that kind of gift. Support for Obama and even more so for his programs is fading . Dealing with the exploding deficit is becoming issue #1 with the voters. Thus, Obama and the Dems want to ram through this monstrosity out of public view and as quickly as possible.
BTW Sandy, which system do you think is more small "d" democratic - (1) the Dem House without a filibuster that passes bills written in secret by the leadership and that are unread by the rank and file before votes or (2) a Senate with a true filibuster that allows full and open debate on the provisions of bills?
Remind me, what's so special about a 50% + 1 voting threshold again? As far as I can tell, the only thing special about it is that it is the lowest possible voting threshold that does not allow for two contradictory items to be passed at the same time. Otherwise, any threshold between 50% and 100% is fine.
The US Constitution itself, in various places, uses a 2/3 majority (Treaties, for example) and a 3/4 majority (Constitutional Amendments require approval by 3/4 of the states). In Europe, the Council votes by unanimity on some issues, and qualified majority (= about 62%) on other dossiers. The UN Security Council votes with unanimity among the permanent five, combined with simple majority of all 15 members.
The list goes on and on, and to my knowledge there is no principled reason to prefer one over the other, except to consider the tradeoff between the workability of the system and the desire to encourage outcomes that are widely supported.
The real reason we don't have the speaking filibuster anymore has nothing to do with Harry Reid's allegedly nefarious plans for the Republic. Rather, it concerns the one subject of true bipartisan agreement on Capitol Hill: laziness.
Seriously, these people work 3 day weeks already, and they don't want to stay up late at night debating anything.
Two comments:
First, the Professor's comments are right on the mark as far as the extreme anti-democratic nature of the filibuster is concerned.
I can't remember the source, but I'm sure the numbers can be easily verified. The 41 Republican senators doing the filibustering represent only 27% of the population. Thus this amounts to extreme minority rule.
And even when the R's had 55 senate seats, the 45 D's still represented 55% of the population.
Second, I think Mr. DePalma is listening to too much of the right-wing echo chamber. The fact is polls show that a significant majority of the population supports Obama's programs; and likewise views the Republican portion of Congress very poorly.
Just let the Republicans stand up and attack medical insurance for children, more help for veterans, etc. etc.
It is time that the Democrats held the R's feet to the fire, and let the public see these people for what they are.
After all, just last week republican minority leader Mitch McConnell, speaking at CPAC, stated that Rush Limbaugh was essentially the voice of the Republican Party.
Ross Taylor
Dilan said...
Bart: The real reason we don't have the speaking filibuster anymore has nothing to do with Harry Reid's allegedly nefarious plans for the Republic. Rather, it concerns the one subject of true bipartisan agreement on Capitol Hill: laziness.
In general, I agree with you. However, I was responding to the NYT's version of reality where the Dems are ambitious enough to miss their dinner parties and hold an actual filibuster to pass their spending increases. In that alternative universe, I cannot see why the Dems would do so.
I cannot see why the Dems would do so.
# posted by Bart DePalma : 2:33 PM
That is because you choose to remain willfully blind to the current popular support for Obama and his policies.
Prof Levinson:
all right, i'll play devil's advocate:
the senators still represent the states. their constituency is still the citizens of the several states. Just cause Cali has 33 million people, and WY has like 600k, they still have the same number of senators. So whether or not the Senate should represent states as opposed the the US citizenry, I don't think you can argue the representation in the Senate is no longer representation of the States as independent Constitutional actors. I never have understood the distinction between the direct election and the legislative appointment of a Senator creating a distinction between representing a State, and a people. No matter how big TX may grow at OH's expense, it'll gain relative power in the house, but they're even in the Senate.
In fact, you seem to contradict yourself immediately after when you say the beneficiaries are small states. How can the Senate no longer represent State interests vis-a-vis the national government, if the beneficiaries of the system are the same states that are no longer represented by senators. Why does one extra level of indirectness change the nature of the represented in the Senate?
Argue, by all means, the pluses and minuses of giving each State equal representation in the Senate, but you can't truly argue the Senators don't represent State interests.
I would likewise argue that geographical proximity is not necessarily the best manner to create a representative body, so turning the Senate into some second house of reps with bigger districts makes little sense to me. (especially considering just how large the geographic proximity can be in this day and age). Perhaps some kind of parliamentary system by party?
Filibusters are of course another ludicrous function of the illusion of democracy in America. The Times points out that, in theory and in practice, around 10% of the population can control the Senate through filibusters. But that's not taking into account the winner-takes-all voting system, which in the first place excludes enormous parts of the population.
These two occurrences taken into account together will make it so that perhaps 1-2% of the population can control the Senate without breaking a sweat.
The only system that even remotely deserves the name "democracy" is a system with proportional representation.
By the way Bart, how are your stock picks doing?
Jacob said...
By the way Bart, how are your stock picks doing?
As we discussed on a prior thread, I and many other investors started getting back into the market because the values of good stocks were low and Obama's choices for his economic team appeared to be rather conservative retreads from the Clinton years who could be relied upon to navigate a sane course.
Well, it turned out that stocks were indeed at historical lows, but the economic team was simply a Potemkin village illusion as the Dems broke hard left, borrowing and spending with abandon.
I started selling my stocks when the outlines of Obama's massive borrowing and spending plans became apparent and sold my last Apple stock just before the Porkulus Bill was enacted.
I broke even. Unfortunately for many of the rest of you, your 401Ks have now turned into 301Ks as the market has now lost nearly 20% in less than a month of nearly non-stop free falls since the enactment of the Porkulus. This is the worst February for the markets since 1933, which perhaps not so coincidentally happens to be the last time a new Dem Keynsian took office. One hopes the next decade will not be likewise similar.
While Dr. Obama was nattering on today about building a few inconsequential clinics, the markets are in laying in the ER unattended and bleeding to death. Investors have no confidence at all in the Obama Administration's ability to handle the economy and are now betting on a long and deep recession, contrary to the Obama budget's near hallucinatory projections of a Second Reagan-like boom starting in 2010:
"Investors finally understand this recession will be deeper and longer, and the recovery will be shallow," said Joe Battipaglia, chief market strategist for the private client group at Stifel Nicolas. "And the government doesn't have a sense of any solution that might instill confidence."
As the citizenry's retirements have now returned to 1997 levels, it is comforting to know that our new royal family at the Versailles... er, the White House is partying like its 1999, complete with conga lines and personal concerts. At least when Carter screwed up the economy, he appeared to be unhappy about it.
Baghdad, thanks to Obama my company has had a big spike in RFP's. Too bad for you that we're not publicly traded.
FWIW - I would never want to invest in any company that hired Bartbuster.
# posted by Charles : 8:18 PM
Chucklehead, only employees can buy our stock, and we wouldn't hire you to clean the toilets.
Oh, please, let us not get into this again.
I had some hopes that (a) Sir **arles had been banned and (b) that **rt and **art-**ster were going to restrain themselves.
Please DNFTT.
You couldn't afford me. Some day, you will have to admit that I was right. Until that day, please, follow the sage advice, and DNFTT.
I know I shouldn't, but I would like to point out FDR took office on March 4, 1933. So Hoover was still in office in Feb of 1933.
You couldn't afford me.
# posted by Charles : 9:58 PM
Chucklehead, we wouldn't hire you if you offered to pay to work for us.
nerpzillicus said...
I know I shouldn't, but I would like to point out FDR took office on March 4, 1933. So Hoover was still in office in Feb of 1933.
You are correct. I had forgotten that. Of course, Obama also shares Hoover's policies of increasing government spending by taxing the rich. That worked out well.
Mr. DePalma,
You are correct. I had forgotten that. Of course, Obama also shares Hoover's policies of increasing government spending by taxing the rich. That worked out well.
Actually, during a steady period from 1918 to 1929, Harding, Coolidge, and Hoover reduced taxes on the highest marginal rate from 77% to 24%, with Hoover's last tax cut as a Keynesian attempt at stimulus just after Black Thursday. Hoover mistakenly tried to raise taxes in 1932 to keep the budget balanced (much like FDR mistakenly tried to rein in spending in 1937). By the time Hoover raised taxes, we were already well into the depression. His refusal to create large deficits (thinking this would be the worst possible thing for investor confidence) is the Keynesian reason why the depression got so bad (and why FDR couldn't fix it fast), although allowing the banks to fail was probably the biggest structural issue. Which is why this time is hopefully different.
Obama is hoping the recessionary cycle is broken before the tax cuts expire, so no anti-growth effects will be had by their eclipse. We'll have to see. If the recession is still bad, even I would suggest delaying the expiration of the tax cuts.
Here is a homework assignment:
What happened to the unemployment rate and GDP after the Hoover marginal tax increase?
Mr. DePalma-
1) Those who make brutally erroneous claims like FDR being in office at a time he clearly wasn't should not be assigning "homework."
2) I thought it fairly clear to note that when I said:
Hoover mistakenly tried to raise taxes in 1932 to keep the budget balanced (much like FDR mistakenly tried to rein in spending in 1937).
If the recession is still bad, even I would suggest delaying the expiration of the tax cuts
made it rather clear that raising taxes during a recessionary cycle is a bad idea, just like cutting spending during a recessionary cycle is a bad idea.
3) Unemployment during 1932 rises from 15.9 to 23.6, and GNP drops 13.4%, though the numbers are not specific enough to say how much occurred pre and post June 1932, when the tax increases were passed. Of course, in 1936, FDR raises the top rate from Hoover's 63% to 79%, and unemployment drops from 20.1 to 16.9, and GNP increases 14.1%, so sometimes, tax rates and growth are not quite as correlated as conservatives believe.
4) try to remember Orin Kerr's advice next time you address me.
Prof. Levinson:
I appreciate your distaste of the not-quite-democratic nature of the Senate, but what would you suggest instead? If the Senate is staffed in proportion to the population, it becomes just like the House, and one wonders why have two houses of Congress at all.
I think amending the constitution to create one house of Congress would be far too drastic a change for most Americans. However, as I write this I think I like the idea.
What I have in mind is a "compromise" where the single house of Congress has something on the order of 300 seats, which are appropriated according to population EXCEPT insofar as each state is guaranteed two seats.
Small states still receive a benefit, but it is reduced. Reducing the number of representatives save a little bit of money but more importantly increases the ability to give greater scrutiny to each. There would be on patching together of somewhat different bills coming from two separate houses, which presents to me as another rather non-democratic aspect of our present system. Of course the Capital will have a lot of empty rooms.
When we totally democratize our system, perhaps we can change the Pledge of Allegiance, thus not to confuse the school children (who undemocratically have a right not to say it contra to the wishes of some democratic majorities) when they are told to say "to this republic."
Smith notes that whatever rationale once justified the filibuster with regard to protecting some identifiable state institutional interests from the ravages of the national government went out the window with the 17th Amendment.
Why are senator suddenly akin to representatives when I vote for them but not when the people I vote for (legislators) vote for them? It is not like pre-1913 that state legislatures could bound senators or anything. They were independent actors.
If you want to change the nature of the filibuster somewhat, that's a somewhat different question. After all, Mr. Smith couldn't single handedly protect his campers today. But, having some sort of minority check is a Constitution full of them, seems okay.
Some raise the idea of judicial review. But, loads of important questions are political questions. Structural checks are important in that case. Is giving California and Wyoming the same number too anti-majoritarian? That too is open to debate.
Requiring (in some form) more than a majority of the Senate to block debate in various cases (again, I'm fine with modifying things somehow) does not seem like tyranny to me.
47% of the electorate voted for McCain. Requiring some compromise to put forth major legislation to protect their interests somewhat is not to be a bad thing overall.
If the Senate is staffed in proportion to the population, it becomes just like the House, and one wonders why have two houses of Congress at all.
I think the experience at the state level shows that this isn't true. The two bodies tend to develop different institutional ways. Moreover, the electoral districts break down the population into different groups for purposes of elections. That has the beneficial impact of changing the majorities and results in more diversity of opinion in Congress.
Let me give an example of how this might work. Suppose we wanted to apportion the Senate by population. Let's arbitrarily keep the number of Senators at 100.
Under present population figures, CA would have about 12 Senators. It might elect them all statewide, but it might also create districts which would be much larger than the House districts. Either way, the Senators would represent very different constituencies than House members would. That's a good thing.
Why are senator suddenly akin to representatives when I vote for them but not when the people I vote for (legislators) vote for them? It is not like pre-1913 that state legislatures could bound senators or anything. They were independent actors.
At least to begin with, there was a sense that Senators represented the states as corporate bodies, much the way ambassadors to the UN work. That gradually changed, so that it was no longer the ethos by 1913. By then, Senators were widely understood to represent the people of the states.
If that's true -- and I think it is -- it's pretty hard to justify the preference given to small states.
But, having some sort of minority check is a Constitution full of them, seems okay.
I agree that we need checks on majority rule. But each one has to be justified. We know the justifications for institutions like the Court and for the two branches of Congress because the Founders laid those out expressly. The filibuster rule, though, lacks any such theoretical justification. In fact, it's hard to see it as consistent with the tie breaker clause (VP breaks ties), and harder yet to square it with the basic principle of legislative practice.
If the filibuster rule is so beneficial, it's hard for me to understand why the Senate is, AFAIK, the ONLY legislative body in the world which has the rule. I can't imagine anyone suggesting we extend the rule to the House.
I don't know if Ross Taylor's percentages are correct, but if so it's pretty hard to justify a system which allows a 27% minority to block legislation. Even a veto requires 1/3 to sustain, and that's with the support of an independent branch. I don't know of any political theory outside of John Calhoun or Lani Guinier which thinks that minority rule is a good way to run a government.
Let me just point out that proposals to change the apportionment of the Senate would require overthrowing the Constitution. Not quite sure how you do that consistent with "the rule of law."
Let me just point out that proposals to change the apportionment of the Senate would require overthrowing the Constitution.
MLS, don't you think that is a bit of an exaggeration?
A change to the Senate requires the abolition of one provision in Art. V. That hardly seems like "overthrowing the Constitution", particularly when nobody has suggested achieving this goal by any means other than those already provided in Art. V.
In any case, the rhetoric is much the same as that of those who in 1789 supported the Articles of Confederation. Yeah, the Constitution overthrew those; so what?
I'll have more to say later, but I wanted to put out the numbers for senators, so we can see the filibuster is not a small state/large state problem, but a republican/democrat problem.
Rank Rank(w/ terr.) Pct of US Pop Running Cum. Senators Rs Ds D adv
01 01 California 11.95% 11.95% DD 0 2 +2
02 02 Texas 7.81% 19.76% RR 2 2 0
03 03 New York 6.31% 26.07% DD 2 4 +2
04 04 Florida 5.97% 32.04% DR 3 5 +2
05 05 Illinois 4.20% 36.24% DD 3 7 +4
06 06 Pennsylvania 4.06% 40.30% RD 4 8 +4
07 07 Ohio 3.75% 44.05% RD 5 9 +4
08 08 Michigan 3.29% 47.34% DD 5 11 +6
09 09 Georgia 3.12% 50.46% RR 7 11 +4
10 10 North Carolina3.08% 53.42% RD 8 12 +4
11 11 New Jersey 2.84% 56.26% DD 8 14 +6
12 12 Virginia 2.52% 58.78% DD 8 16 +8
13 13 Washington 2.11% 60.89% DD 8 18 +10
14 14 Arizona 2.07% 67.14% RR 10 18 +8
15 15 Mass 2.11% 63.00% DD 10 20 +10
16 16 Indiana 2.07% 65.07% RD 11 21 +10
17 17 Tennessee 2.01% 69.15% RR 13 21 +8
18 18 Missouri 1.92% 71.07% RD 14 22 +8
19 19 Maryland 1.84% 72.91% DD 14 24 +10
20 20 Wisconsin 1.83% 74.74% DD 14 26 +12
21 21 Minnesota 1.70% 76.44% DD 14 28 +14
22 22 Colorado 1.59% 78.03% DD 14 30 +16
23 23 Alabama 1.51% 79.54% RR 16 30 +14
24 24 S Carolina 1.44% 80.98% RR 18 30 +12
25 25 Louisiana 1.40% 82.38% RD 19 31 +12
26 26 Kentucky 1.39% 83.77% RR 21 31 +10
27 28 Oregon 1.23% 86.29% DD 21 33 +12
28 29 Oklahoma 1.18% 87.47% RR 23 33 +10
29 30 Connecticut 1.15% 88.62% DD 23 35 +12
30 31 Iowa 0.98% 89.60% DR 24 36 +12
31 32 Mississippi 0.95% 90.55% RR 26 36 +10
32 33 Arkansas 0.93% 91.48% DD 26 38 +12
33 34 Kansas 0.91% 92.39% RR 28 38 +10
34 35 Utah 0.87% 93.26% RR 30 38 +8
35 36 Nevada 0.84% 94.10% DR 31 39 +8
36 37 New Mexico 0.64% 94.74% DD 31 41 +10
37 38 W Virginia 0.59% 95.33% DD 31 43 +12
38 39 Nebraska 0.58% 95.91% DR 32 44 +12
39 40 Idaho 0.49% 96.40% RR 34 44 +10
40 41 Maine 0.43% 96.83% RR 36 44 +8
41 42 New Hamp 0.43% 97.26% DR 37 45 +8
42 43 Hawaii 0.42% 97.68% DD 37 47 +10
43 44 R Island 0.35% 98.03% DD 37 49 +12
44 45 Montana 0.31% 98.34% DD 37 51 +14
45 46 Delaware 0.28% 98.62% DD 37 53 +16
47 48 Alaska 0.22% 99.10% DR 39 55 +16
49 50 Vermont 0.20% 99.51% DD 39 59 +20
50 52 Wyoming 0.17% 99.87% RR 41 59 +18
The significant dem advantage comes from the last 20 states that represent less than 10% of the population, where they are +6 out of 40 seats (23/17). But it does look like Mr. Taylor is correct that about 27% of the population has 40 seats in the Senate. However, the equal representation in the Senate actually favors the dems, not the Republicans. Whether a second House would favor one party over another, and by how much, would depend on the electing mechanism used.
Mark -
I disagree with you on the substance of making the Senate another House. But, I do think there is an interesting issue as to whether we can amend the Constitution to remove equal suffrage in the Senate without a unanimous, instead of just 3/4ths vote. Do you think 3/4ths is enough, since an amendment is an amendment, or would we need all fifty states to agree? If so (really if either) what do you really think the chances of doing that are?
there was a sense that Senators represented the states as corporate bodies, much the way ambassadors to the UN work. That gradually changed, so that it was no longer the ethos by 1913. By then, Senators were widely understood to represent the people of the states
Ambassadors don't represent "nations" as artificial entitities. They represent the people of the nations. Senators represent the people of the states. Two senators in NY represent people differently than representatives of individual districts. Sen. Gillibrand (who replaced Clinton) acts different than Rep. Gillibrand.
I still would dispute the op-ed, since even if you are right, the appointment wasn't the issue. That is, time, not the 17A as such changed things.
In practice, other nations surely have measures where small minorities in some fashion block legislation. To name just one reality, small parties in Israel are basic to who controls the gov't. In practice, they weld great power, more so than their mere numbers.
I underlined that I'm willing to tweak the rules of the game here, so disputing the size of the minority check is really not disputing principle.
Finally, as to Art. V, the Constitution itself violated the constitution (Articles of Confederation) at the time. It required unanimous consent for amendment, which meant Rhode Island (that didn't even show up at the Constitutional Convention) could have blocked amendment.
We got around that. We can get around the unanimous req. to alter the two senator rule, if necessary.
I do think there is an interesting issue as to whether we can amend the Constitution to remove equal suffrage in the Senate without a unanimous, instead of just 3/4ths vote. Do you think 3/4ths is enough, since an amendment is an amendment, or would we need all fifty states to agree?
Let me answer this with an example from Athens. The Athenians operated as a pure democracy -- 50% + 1 ruled the day. Occasionally, though, a majority would try to make its law more permanent, not subject to change by future majorities (contrary, I'd note, to the whole premise of democracy). What they did was to add a clause to the law making it a death penalty offense to introduce or support any attempt to change the law.
The obvious way around this, which the Athenians quickly discovered, was first to repeal the death penalty provision, then repeal the law.
That's a long way of saying that IMO we can amend Art. V by a 3/4 vote to delete the ban on amendments depriving a state of equal representation, and then we can pass an amendment doing exactly that. That's wildly impractical, of course, but it's constitutional.
In addition, the experience of 1787 shows us that a Convention can do anything it damn well pleases, so that's the more likely way to accomplish the change.
Ambassadors don't represent "nations" as artificial entitities. They represent the people of the nations.
I don't believe international law treats them this way. Ambassadors represent governments, not the people. They can be recalled by a government at any time, and can be disavowed by the government for exceeding authority.
In practice, other nations surely have measures where small minorities in some fashion block legislation. To name just one reality, small parties in Israel are basic to who controls the gov't. In practice, they weld great power, more so than their mere numbers.
I'm not aware of any such limits in those countries with English parliamentary background, but I admit I don't know nearly enough to make my own knowledge a test of anything. I would not, however, want to have our government emulate the one in Israel.
In fact, ambassadors still seem to me to represent people. The people generally -- at least to give a halfway comparable situation to U.S. states -- choose the leaders anyway. Senators could not be recalled by legislatures, so to any extent, the parallel was flawed.
I also don't know all the nuances of other English parliamentary systems, which for a long time was surely not that democratic, but in practice, I'm sure there are ways to block legislation in respects given political realities or otherwise.
But, plurality rule does play a part in some of them, I'm sure, giving de facto power akin to the Israel case. Surely, even w/o a filibuster, realities in this country would leave power to some powerful swing group, providing a de facto filibuster power.
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Books by Balkinization Bloggers
Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018)
Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017)
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014)
Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013)
Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013)
Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues
Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010)
Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010)
Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010)
Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009)
Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009)
Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009)
Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007)
Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006)
Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006)
Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006)
Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006)
Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006)
Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005)
Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004)
Balkin.com homepage
Cultural Software
The Information Society Project
Useful Links
Syllabi and Exams


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Another even contest between Wales and a Southern Hemisphere side, this time South Africa, once again saw Wales on the wrong side of the score board.
Positives were there for all to see and Wales Head Coach, Warren Gatland, eluded to them. However the time for Wales to be buoyed by simply staying with the 'big three' (South Africa, New Zealand and Australia), is gone.
After a successful Lions Tour down under, with the majority of Welsh players involved, now is the time for results. Win's against the best sides in the world. That is what has to happen if Wales harbour any realistic ambition of challenging for the 2015 Rugby World Cup in England.
Will Gatland and captain, Sam Warburton be happy with Saturday's performance? Or will the result bring a dent in confidence heading in to the rest of the Autumn Test Matches? Here are my thought's on the Test Fifteen.
Front Row - The British and Irish Lions trio of Adam Jones, Richard Hibbard and Gethin Jenkins lined up for Wales. All three contributed to an effective set piece both at the scrum and the line out. With Wales winning the majority of all their ball. Adam Jones went off injured and his fitness will have to be monitored closely because of his importance to the team. Hibbard and Jenkins were particularly good in the loose. With both making a large amount of tackles at key stages in the match and carrying ball effectively.
Second Row - Alun Wyn Jones and Bradley Davies formed an impressive partnership particularly in the line out. Often a weakness for Wales, on Saturday it was a strength. Alun Wyn Jones, Welsh stalwart and British and Irish Lion was his usual abrasive self, aggressive in the tackle and at the breakdown. However Jones' showed a lack of discipline at times which was unusual for him and cost his side penalties on several occasions. Which at Test level was punished.
Back Row - Sam Warburton, Wales and Lions' captain, Dan Lydiate and Toby Faletau both Lions' also, formed the Welsh back row. Warburton impressed and was one of Wales' best players. He was very good at the breakdown as always, strong in the tackle and had an immense work rate.
Faletau had a good first half but in the second half instead of making yards and providing Wales with attacking positions, he was stopped at source. Lydiate disappointed. He usually works so well in combination with Warburton, Lydiate uses his 'chop tackle' and Warburton is over the top on the jackal. But overall the entire back row were outplayed by the likes of Francois Louw and Willem Alberts. Imposing figures, athletes and phenomenally aggressive in contact.
Wales conceded nineteen turnovers. Which is a huge amount for any team let alone at Test level. South Africas' strength and power coupled with Welsh runners' being isolated led to this. Without improvement Argentina, known for their forwards will relish the breakdown in Wales' next Test.
Halfbacks' - Mike Phillips and Rhys Priestland. Phillips' counterpart Fourie Du Preez, man of the match, was instrumental.
The thirty-one-year-old Pretorian was everywhere, his work rate was huge. His clever kicking and tactical genius was evident. He crossed to score also, all be it in fortuitous circumstances. Replays showed Jacque Fourie was offside, in front of Du Preezs' kick in the build up to South Africas' try. Priestlands' kicking game was ineffectual, in fact Wales' kicking game was. What is usually a strength, with high kicks and great chases from the likes of Roberts, Davies and Halfpenny putting the opposition under pressure. Was a weakness.
South Africa kicked effectively, chased even better and put Wales on the back foot.
Centres/Midfield - Jonothan Davies is in the form of his life, leading on from Australia and the Lions tour. Made 112 metres in the brief period he was on the pitch. He broke the South African line plenty of times. And was a huge positive for Wales.
However he went off injured and was replaced by Ashley Beck. Both Beck and Scott Williams are relatively inexperienced at Test level and this was evident. There was a lack of creativity and a kicking game. Jean De Villiers and Jacque Fourie were both very good and their experience and class outshone the Welsh in midfield.
Back Three - Leigh Halfpenny, George North and Liam Williams. Williams went off injured and was replaced by Hook. The back three didn't have a huge impact, they didn't have enough ball to make a difference. North had seven touches compared to his twenty-two on debut against South Africa. Halfpenny kicked his goals as ever. Hook was creative and is best employed at ten or twelve. However Gatland would rather use him as a utility back.
Wales were out played in the first twenty minutes. After that they competed physically. Broke the line several times and created chances without playing particularly well. However the telling statistic is that South Africa scored three tries and Wales zero. Too many basic errors and a lack of composure cost Wales in a game which was there for the taking.
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Pronounced: High-AY-tal HER-nee-uh
A hiatal hernia is a movement of part of the stomach up into the chest cavity. The stomach presses up through a small hole in the diaphragm muscle. The diaphragm is the muscular wall that separates the abdominal and chest cavities.
Different types of hiatal hernias include:
Hiatal Hernia
Copyright © Nucleus Medical Media, Inc.
The exact cause of hiatal hernias is not clear. Some people are born with a hiatal hernia but others will develop it later in life.
The diaphragm has an opening that the esophagus can pass through. A weakening or injury to this opening can allow a hiatal hernia to develop. Increased pressure in the abdomen can also push the stomach up into the chest cavity.
Hiatal hernias are more common in adults over 50 years of age. Other factors that increase your chance of getting hiatal hernia include:
Most people with hiatal hernias have no symptoms.
A hiatal hernia can make stomach acid move up into the esophagus. This is known as gastroesophageal reflux disease (GERD). Symptoms of GERD can include:
You will be asked about your symptoms and medical history. A physical exam will be done. Because they often have no symptoms, hiatal hernias are sometimes only detected during a visit to the doctor for other reasons.
Images may be taken of your stomach. This can be done with an upper gastrointestinal series or upper gastrointestinal endoscopy.
Talk with your doctor about the best treatment plan for you. Hiatal hernias are usually treated only when there are symptoms. When GERD is present, treatment may include one or more of the following:
For people who are obese, losing weight may relieve symptoms.
Avoid foods that relax the lower esophageal sphincter (LES), a muscle that controls the opening between the esophagus and the stomach, including:
Avoid foods and beverages that can irritate the internal lining of the esophagus such as:
To minimize acid reflux:
If you smoke, talk to your doctor about ways to quit. Smoking weakens the LES.
Elevating the head of the bed on blocks or sleeping on a specially designed wedge reduces heartburn. This position helps prevent stomach contents from refluxing backward into the esophagus.
Your doctor may recommend over-the-counter antacids. These can neutralize acid and temporarily relieve heartburn.
For chronic reflux and heartburn, several types of medications may be prescribed to reduce acid in the stomach. These include H2 blockers and proton pump inhibitors.
Surgery may be needed if:
There are no current guidelines to prevent a hiatal hernia because the cause is unknown.
American College of Gastroenterology
National Institute of Diabetes and Digestive and Kidney Diseases
Canadian Institute for Health Information
Health Canada
Acid reflux (GER & GERD) in adults. National Institute of Diabetes and Digestive and Kidney Diseases website. Available at: https://www.niddk.nih.gov/health-information/digestive-diseases/acid-reflux-ger-gerd-adults. Accessed March 23, 2018.
Gastroesophageal reflux disease. EBSCO DynaMed Plus website. Available at: http://www.dynamed.com/topics/dmp~AN~T116914/Gastroesophageal-reflux-disease-GERD. Updated September 14, 2017. Accessed March 23, 2018.
Hiatal hernia. EBSCO DynaMed Plus website. Available at: http://www.dynamed.com/topics/dmp~AN~T116557/Hiatal-hernia. Updated January 2, 2017. Accessed March 23, 2018.
Hiatus hernia. Merck Manual Professional Verson website. Available at: https://www.merckmanuals.com/professional/gastrointestinal-disorders/esophageal-and-swallowing-disorders/hiatus-hernia. Updated October 2016. Accessed March 23, 2018.
Last reviewed March 2018 by
EBSCO Medical Review Board Marcin Chwistek, MD
Last Updated: 5/1/2014
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Welcome to Faith! It is our desire to simply be a community church that seeks to have a passion for God, compassion for others and a desire to serve both. I trust that you will find the fellowship friendly, the worship godly, and the preaching encouraging. I would love to have the opportunity to meet you and tell you more about the growing ministry at FBC! Thank you for visiting our website!
Pastor Monroe
Enter your address and click GO.
The USA needs churches! Consider the following staggering statistics:
1. There are now 195 million non-churched people in America, making America one of the 4 largest "unchurched" countries in the world. Only China, India, and Indonesia have larger non-churched populations.
2. No county in America has a greater church population than it did ten years ago.
3. Each year 3,500 to 4,000 churches in America close their doors forever, yet only 1,100 to 1,500 new churches are started.
4. There are more than 1,200 communities in the Western states with no independent Baptist church within a 30 mile radius.
If we desire to make a greater difference in our nation and ultimately the mission fields of the world, we must make significant, strategic and sustained church planting efforts a core of our strategy. It is my conviction that planting new churches is the single most effective methodology for reaching the world with the gospel.
It is our goal to develop a church planting internship program here at Faith. This would include having the church planter serve on our staff for one year. This would allow him to be fully immersed in our philosophy of ministry as well as be given encouragement and guidance as he prepares for God's call to USA church planting. It would be our desire to have a substantial financial part in the first two years of the church planter's support. Field visits by one of the Pastors would be planned periodically in the first two years to provide encouragement, training, and assistance.
Continue to pray for this vision that God has placed on my heart.
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Institutional Archives, Manuscripts, and Personal Papers
The Archives consist mainly of correspondence, memos, reports, press releases, and other records associated with the administration of the Museum (known as the Institutional Archives). The Archives also includes manuscripts and personal papers of scientists and administrators associated with the Museum, as well as materials associated with a few notable individuals without formal Museum affiliation.
Photograph Collection
The Photograph Collection consists of over one million black-and-white prints and negatives, color transparencies and slides. This includes a collection of over 40,000 lantern slides that were once used for lectures and loaned to New York City schools. In addition, the photographic print collection includes over 900 collections of vintage photographic prints, totaling approximately 140,000 individual photographs.
Moving Image Collection
Spanning a century of scientific history, the Moving Image Collection documents the Museum's involvement in scientific exploration, discovery, and public education over a period of significant change in the world. There are a total of 291 titles in the Archival Film Collection with thousands of additional films and videotapes, including viewing copies of select entries to the the Margaret Mead Film and Video Festival.
Art and Memorabilia
The majority of the Museum's fine art collection is administered by the Library. The Memorabilia Collection preserves many objects that help tell the story of the Museum's history, including ephemeral components of exhibition, scientific and documentary equipment, as well as collections of personal artifacts, including those of Lincoln Ellsworth and Carl Akeley.
Vertical Files
The Library's Vertical Files include: biographical files, and files on temporary and permanent exhibits, Museum departments, Museum expeditions and special events. The files are composed of clippings, press releases, correspondence and other assorted ephemera.


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Medical technology companies will lose their competitive edge unless they quickly rev up innovation and adapt to a changing marketplace, according to a new report from PwC.
PwC's 2013 Health Research Institute report released today concludes that growth merely through product innovation is not sufficient.
Customers — be it hospitals, accountable care organizations, or individual consumers —now demand more in financial, convenience and health terms, said PwC, a multinational professional services firm also called PriceWaterhouseCoopers.
The firm says radical innovations to current business models are needed otherwise new players will claim a bigger stake in the $325 billion global medical technology market.
"Historically, medtech innovation has relied on incremental improvement," Christopher Wasden, managing director and global healthcare innovation leader at PwC, said in a statement. "But innovation needs redefining for an environment that rewards value — measured in affordable patient outcomes and customer satisfaction — over volume.
"True innovators learn from failure – fast, frequent, frugal failure," Wasden added. "Medtech leaders need to change their business models, their corporate DNA, to embrace lean innovation beyond their core operations."
The HRI report, national in scope, is of interest to states such as New Jersey, where pharmaceutical and biotech industries are key economic players. PwC defines medical technology as companies involved in diagnostics, disposable medical products, medical equipment, diversified life sciences, implantable devices, and other areas.
Debbie Hart, president of BioNJ, a trade group for the state's biotech industry, said New Jersey is well situated to respond to the report's findings because it has so many medical technology companies clustered here, creating collaboration opportunities.
"We have a lot of partners here, so they can do it on their own turf, in their own backyard," Hart said.
Hart added that the merger of Rutgers University and Robert Wood Johnson Medical School will create additional opportunities for innovation. State government policy also has become more supportive in recent years, she said.
"It is absolutely necessary that more be done when it comes to innovation," Hart said. "There's never enough money and never enough time because the opportunities are endless and the needs are endless. We need better syncing, better strategies and more funding."
The report also concludes:
- New competitors are staking their claim. At least 18 medical technology companies have entered this space and are driving technological innovation:
- Medical technology executives were almost twice as likely as executives across all industries to say that product innovation was their top priority in the coming year — 46 percent compared with 29 percent — and just 10 percent said that business model innovation was next year's priority;
- Medical technology executives expect more breakthrough innovations in services and business models, but just 14 percent said that they coordinate and manage innovation processes for maximum efficiency. Only 17 percent believe their companies are innovation pioneers;
- Medical technology companies have been slower to apply new social, mobile, analytic, and cloud technologies than other industries;
- Half of these companies appear to be using such technologies at least somewhat to engage customers and patients in managing their health and to enable remote monitoring;
- But only 11 percent are using them aggressively to create new business models that center on clinical and consumer dynamics. With outdated information technologies, companies might miss opportunities to meet demands of the next generation of consumers;
- Medical technology executives say finding the right collaboration partners is difficult. Currently, they work with customers or external partners on less than one-third of their products and services.
PwC interviewed more than 30 top executives and conducted a survey in summer 2013 of more than 35 medtech companies, almost half of which reported annual revenues of more than $1 billion. More than 50 companies total were involved in the research.
"Three things are essential to transform today's medtech companies for the future," PwC principal Ed Yu said. "Embrace failure — create an innovation operating model that separates breakthrough and radical innovation from incremental innovation. Embrace the disease — select a target area and collaborate with health industry counterparts to get closer to the patient. Finally, measure innovation in new ways with forward-looking metrics and connect the dots for shareholders."


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IRWIN, Pa. - May 10, 2013 --Nine students in a western Pennsylvania school district who were told they couldn't attend their prom because they hadn't been vaccinated for chickenpox were able to attend after all.
The Pennsylvania Department of Health notified the Norwin School District that a student had the highly contagious virus, prompting school officials to pull student immunization records.
They said 33 students hadn't had the vaccine and nine had registered for the prom. But a health department representative said Friday that the district had miscalculated the dates. The nine were contacted Friday morning and told they could attend prom after all.
But the students identified for exclusion still could have a problem with graduation, which falls within the eight- to 21-day after exposure that students are to be excluded from classes and activities.


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YOUNG ARTISTS: ISMS art on display at Ft. Wayne Museum
FORT WAYNE — Five Indian Springs Middle School students were honored with Gold Key Awards for their art submitted in a scholastic contest. Seventeen out of 85 pieces were chosen to be put on display at the Fort Wayne Museum of Art from Feb. 10 through April 7.ISMS art teacher, Mary Hilger, accompanied the students at the Scholastic Art Ceremony Sunday at the Grand Wayne Center in Fort Wayne. Megan Jagger won three Gold Key Awards along with Abigail Schrader and Hailey Hackworth for their photos. Hackworth picked up her second award with her drawing. For digital photography, Anna von Seggern received two awards along with Mariah Greenwood who will also have her art on display.Four additional students won Silver Key Awards for ISMS. Honored were: Brooklyn Dittmer, Rhea Young, Amanda Nordman and Jared Winebrenner. Receiving Honorable Mention Awards were: Young, Abigail Goller and Isabella Kreig. The winners were individually honored on stage during the Regional Awards Ceremony at the Grand Wayne Center.For more student artwork, see the Feb. 12 issue of The Post and Mail. Don't have a subscription? Call (260) 244-5153 or subscribe to our e-edition. For breaking news, sports updates and additional coverage, bookmark the homepage and find us on facebook.


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Although it's keeping its plans for the 2015 Geneva auto show under wraps, Lexus is promising a world debut of a new concept car.
We think that the most likely possibility is that this concept is a new version of the Lexus LF-LC concept (pictured below) that is closer to production, since we heard that this high-performance Lexus coupe is currently in development. Alternatively, it could be some sort of crossover concept or hybrid, or even a wilder concept car that has no bearing on a future production Lexus. We'll know for sure on when the new car debuts March 3.
The new concept will be shown alongside the 2016 Lexus GS F performance sedan, which made its first appearance at the Detroit auto show, as well as the Lexus LF-C2 concept, which originally debuted in Los Angeles. Both are arriving at European show floors for the first time.
Lexus also revealed the layout of its show space in a new photo. It's likely that the concept car is hidden to the right-hand side of a screen showing an image of the LFA, possibly suggesting that the concept will be part of the brand's F performance division.
Last year, Lexus unveiled the RC 350 F Sport and RC F GT3 racing concept. But Lexus has also been known to venture outside sports cars in Geneva, debuting the IS300h hybrid in 2013 and the revised RX in 2012.


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Ted Matthews, Bo Summers
Ted Matthews, Sean Carrera
Karl Thomas, Steven Ryder
Brad Mitchell, Matt Gunther
Skip Robinson, Mark Andrews
Danny Somers, Brad Mitchell, Mark Andrews, Matt Gunther
Ted Matthews, David Montana, Steve Vega, Cameron Taylor
Aiden Shaw, Ted Matthews, Brett Ford, Tony Belmonte
Brad Mitchell, Brad Stone
Brad Mitchell, Dick Masters
Brad Mitchell, Luke Bender, Danny Brown
Jim Bentley, Brad Mitchell, Joe Cade
Alex Stone, Brad Mitchell, Chris Ladd
Brad Mitchell, Chad Douglas
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Jennifer Love Hewitt's grandmother has a nickname for her that is unique, to say the least.
The 34-year-old appeared on "The Ellen DeGeneres Show" Friday to chat with the talk show host and guest host Matthew Perry about playing a hooker with a heart on "The Client List."
When DeGeneres asked if it was true that Hewitt's grandmother is a fan of the Lifetime series -- in which the actress is routinely donning barely-there negligées, as necessitated for her character's profession -- the actress confirmed it was true.
"She likes it," Hewitt confirmed. "She ignores the parts that she doesn't like and pretends like they are not happening."
And grandma has a special term of endearment, if you can call it that, that she has for Hewitt because of the racy role.
"She calls me her 'little TV ho," Hewitt laughed. "And, she thinks that's really funny. But she does it out loud to people. She'll be like, 'This is my 'little TV ho.' … I'm like, 'Grandma, Not out loud. On the phone with me, family joke, funny. Not out loud in the mall or the restaurant.' She gets a kick out of it."
Meanwhile, Perry seemed to get a kick out of Hewitt's outfit … or something along those lines. The "Go On" star was tongue-tied over Hewitt's little black dress, which allowed her to flaunt her famous -- perhaps insured -- breasts.
After DeGeneres asked if Hewitt had been sewn into the curve-hugging getup, Perry seemed to get flustered having to sit across from the sexy star.
"You're going to have to handle most of this [interview]," he told DeGeneres, adding, "Whenever this happens ... I overcompensate. I always look five feet above the head. [Looking up] 'Oh, nice to see you, too.'"
Hewitt didn't seem to mind the attention, telling Perry she was "very excited" he was a co-host, and gushing, "I'm a big fan of yours."
Clearly the feeling was mutual.
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What's next in Marchionne-Piech tussle -- a bounty?
Chrysler Group released year-end monthly sales incentives on Tuesday. Most were the normal stuff you would expect from a company trying to move metal before a new year rolls around.
But one of Chrysler's lesser-advertised incentives this month is steeped in so much personal pique it should come with its own dueling glove.
The automaker added an extra $1,000 in conquest cash on the hood of all but three of its products for current owners of … wait for it … Volkswagens.
I know, right? It's hard to believe that a company run by Sergio Marchionne would add an extra spiff to steal customers directly from a company run by Volkswagen chairman Ferdinand Piech. I just can't understand how two men who get along so famously … (Oh, forget it. There's only so much sarcasm I can inject into one sentence before my keyboard locks up.)
Marchionne and Piech have been trading verbal punches for years. Earlier this year, Volkswagen demanded Marchionne resign as the rotating head of the European automotive lobbying group ACEA. In Paris in September, Marchionne did everything but call VW execs outside for a fistfight.
Chrysler only exempted three of its vehicles from the Volkswagen spiff: the 2013 Viper, which just went into production, the Grand Cherokee SRT, and non-aero trim versions of the Dodge Dart SE.
Of course, Chrysler also exempted current owners of Fords, Chevys, Toyotas, Hondas and every other brand that doesn't keep trying to buy Alfa Romeo just to get under Marchionne's skin.
If those other brands had been included in the conquest cash, Chrysler dealers could use that money to sell more cars this month. And that would lower Chrysler's current 90-day supply of unsold vehicles -- the highest inventory level Chrysler has had since April 2009, the month it entered bankruptcy.
Europeans seem to have an inexplicable need every few generations to fight a war to maintain their national identities and national pride, with historically tragic consequences. The European common market was supposed to end all that -- and maybe it did, if this year's Nobel Peace Prize was any indication.
Or maybe it just transferred that desire to slap one another around every once in a while to its national industries, where CEOs are still free to poke their rivals with a sharp stick now and then.
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Jennifer Granick '93
As Director of Civil Liberties at the Stanford Center for Internet and Society, Jennifer S. Granick '93 has found herself smack in the middle of the current debate over NSA spying.
Granick, who is writing a book on the NSA, said the revelations about government surveillance made public by Edward Snowden have brought urgency and clarity to her work. "I have followed this area extensively and anyone who knows anything about these issues was very surprised by what has come out," Granick told SC Magazine. The magazine has named Granick one of the Top 6 Influential IT Security Thinkers.
"I think that this country was born on the idea of individual freedom and liberty and that when people understand that what the NSA is doing is revolutionary and it affects innocent people all over the world, I believe they will reject that." Read more from Granick here.
Michele Simon '95
Public health advocate Michele Simon '95 calls food stamps "the largest, most overlooked corporate subsidy in the farm bill" and has urged Congress to enact nutrition standards that would limit purchases of unhealthy food with government assistance.
"Why is it," Simon said, "that we're OK telling women what to feed their children on WIC, and certainly we're fine telling schools what to feed children, but somehow food stamps get a big pass?" she told the San Francisco Chronicle.
Nutrition standards in food stamps, she said, would present "an opportunity to shift the entire food system to a more healthy, sustainable way of providing food." Read more here. Listen to an interview Dec. 3 on KQED with Simon here.
Steven Hamilton '99, Carolyn Toto '04
Steven Hamilton '99 and Carolyn Toto '04 have been elected to partner at Pillsbury Winthrop Shaw Pittman. Hamilton's practice in San Diego concentrates on real estate finance, commercial leasing and hospitality. Toto, who is based in Los Angeles, practices intellectual property law, including litigation, prosecution and transactional work. She was recently profiled by Working Mother magazine as Pillsbury's Working Mother of the Year.
Vien Truong '06
Vien Truong '06, environmental equity director at the Greenlining Institute, was featured in the San Francisco Chronicle as one of its "Top Women Leaders in San Francisco." She spoke about growing up in a Southeast Asian family, the youngest of 11, and the only one to go to college. "I should be at the table and speaking from my personal history and be more authentic rather than less, I am still learning that." Read more about Truong and her work here.
3L Mary Vegher, 3L Angel Korer, 1L Megan Miller
3L Mary Vegher, 3L Angel Korer and 1L Megan Miller (MSL '13) signed on to an op-ed in the Daily Cal calling for better treatment for animals at the UC-sponsored California State Fair. All three are members of Hastings Animal Law Society. Vegher serves as president, and Korer serves as vice president. Read the piece here.
Nota Bene
--December 6, 2013


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Shop our freshest additions! Our new wall art collection brings today's most beautiful styles to life in your home, office and dorm room décor – with functional and fun wall art, trendy designs and adorable wall art for kids, too. We have the hottest looks for back to school décor, including dry-erase decals and chic decorating ideas. Be fabulous and on top of your schedule this year! Shop our dry-erase calendars, message boards and organization kits to keep in touch, and to have practices, plans and dates on display. Going back to college? We have college decorating ideas that will make your dorm room the coolest in the school! Inspire your walls with colorful quotes, modern art and pretty décor themes.
We have also added precious new nursery wall art, kids décor decals and a whole line of coordinating and cute peel and stick headboard decals! Add a finished and fashionable look to any room in your house with our brand new assortment of peel and stick decals.


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George Clooney's girlfriend Stacy Keibler is in talks to host the upcoming season of hit TV series The X Factor, according to a new report.
Music mogul Simon Cowell has been scrambling to find the talent show's new dream team ever since host Steve Jones and judges Nicole Scherzinger and Paula Abdul were axed in January.
And now it reports suggest former professional wrestler Keibler is in negotiations to front the program.
A source tells the New York Post, "She looks fantastic and has bags of charisma."
Cowell has previously expressed his desire to sign both a male and female host to replace Welshman Jones, but recent reports suggest Glee star Darren Criss turned down a presenting gig due to scheduling issues.
Meanwhile, Britney Spears is allegedly on the cusp of signing a deal to join the judging panel alongside Cowell and producer Antonio 'L.A.' Reid.


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Reader's Digest illustrated guide to gardening
Reader's Digest Association, 1978 - Gardening - 672 pages
Step-by-step illustrations and a concise, instructive text provide expert guidance in virtually every gardening task likely to be met with, from basic soil cultivation to greenhouse management
What people are saying - Write a review
LibraryThing ReviewUser Review - hillcrestgarden - LibraryThing
Single encyclopedic volume filled with gardening knowledge and how-to instructions. Contains hundreds of illustrations and descriptions to help identify plants, weeds, pests, and diseases. This book is very useful with dependable information for the beginning or experienced gardener. Read full review
LibraryThing ReviewUser Review - keylawk - LibraryThing
For "under cover" and outdoor gardens. Starts with the Zone Map for the Continental United States, and then presents charts of ground cover, trees, shrubs, flowers, bulbs, corms and tubers, water ... Read full review
A Guide to Plant Names
Shrubs for Enhancement
Growing Plants
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autumn Benomyl bloom blossoms blue bonsai botanical names branches buds bulbs chrysanthemums clusters cold frame color Common and botanical conifers cool corms cut flower cuttings in summer Deciduous deep Diazinon dicofol Divide plants double flowers early fall early spring early summer Evergreen fertilizer foliage fragrant frost fruits full sun grass green leaves greenhouse Grow in full grown habit of growth Hardiness Decorative characteristics hedge Height and spread hole humidity hybrids inches indoors late spring late summer lawn leaf leaf mold lilies malathion mid to late midspring midsummer moist moisture mulch orange outdoors partial shade peat moss perennial petals pink pruning purple racemes remove requirements and remarks rhizomes rhododendrons rock gardens root cuttings rootstock rose seedlings shoots shrub soil Sow seeds Special requirements Species and varieties spikes Spray stems sun or partial temperature transplant tree tubers vine white flowers Zone


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The striking contemporary exterior of the F48 is inspired by the simplicity of modern British design, from the large flybridge to the light filled upper deck.
The Sealine F48 is considered to be a true sociable cruising craft, available with 2 flybridge layouts. On entering the cockpit, you'll notice the dramatic beam to length ratio and ample space complete with wet bar for sociable entertaining.
The main deck is light filled with stunning 360° panoramic views from the saloon, a huge wrap around windscreen at the helm and to the port side, two forward facing seats for fellow passengers to enjoy the view or an optional dinette area for dining in style, thus giving the impression of being on board a much bigger craft. On the lower deck in the heart of the boat, the atrium floods the fully equipped galley with light.
The mid cabin offers a choice of 4 flexible layout arrangements from the L-shaped sofa for comfortable dining, an office with one bunk bed, 'U' shaped dinette seating or a two bunk bed cabin option.
The F48 design focus is lifestyle and sociable boating for all on board, backed up with proven technology, which includes joystick control to easily manoeuvre the boat.


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Old Fashioned Rose
b/w toned in PS.
Uploaded on 9/4/2004 8:18:56 PM
Camera: Canon EOS 10D Digital SLR Camera
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Westins GenX Oval Tube Drop Step is made of 4" oval shaped tube that features a step area that drops 5" from the upper tube. The tube features welded and sealed tube ends to protect against rusting. The drop step is designed with a continuous smooth bend made of 2" oval tube for a consistent overall step style. No jagged bends or section welds in our drop step! The step area is topped with a molded textured step pad that waterfalls over the front lip of the drop step tube for a clean and finished look. Mounting brackets are deigned to cradle the shape of the tube and mount to the vehicles rocker panel. GenX steps are sold in complete sets that include the driver and passenger side step, mount kit and install sheet. Available in black powder coated mild steel and now available in polished 304 stainless steel.
Established in 1977, Westin Automotive has been delivering world-class products to automotive aftermarket industry enthusiasts who recognize innovation, quality and durability. Adhering to strict quality standards that dictate the development of its new products, Westin strives to do more than just produce functional products. Aesthetics and style are also integral to the company's offerings that include towing and winch accessories, truck racks, bumpers and bed rails. Based in San Dimas, California, Westin Automotive has a reputation among off-roaders who are looking to spruce up their trucks, Jeeps and SUVsShop Westin Now


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Camden Christianson & Oliver Raven in Men Hard at Work
Synopsis: Camden Christianson and Oliver Raven worked all day to paint a house, and now they're bushed. Camden's showering while Oliver is telling him he's ready to go home for the night, but he doesn't know what his work partner has in store for him… until he puts his cock in his mouth! There's nothing like a good ol' fucking on the the work site after a hard day at the office…
Porn stars: Camden Christianson , Oliver Raven
Who: Bad boy, Co-worker, Family friend, Friend
Where: Bathroom
Categories: Deep-throating, Lean, Short hair, Tattoos


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DellTechCenter.com is a technical community for IT professionals where you can connect with Dell customers, employees, and partners for the purpose of sharing knowledge, best practices, and information about Dell solutions and services.
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September 11: The View from the West
On September 11, 2001, the United States reflexively contracted around the wound inflicted on its eastern seaboard, and for a short spell the country felt as small as Switzerland. Two thousand eight hundred miles west of the World Trade Center, roused by the phone ringing at 5:55 AM, I switched on the TV in time to see the second jetliner, flying at a tilt, aimed at the south tower like a barbed harpoon arrowing through the blue. It seemed at that moment as if the entire city around me were holding its breath. The bedroom window was open, but the usual white noise of a weekday waking morning was eerily absent. Somehow, in the eighteen minutes since the first strike on the north tower, everybody knew, and everybody was watching CNN. Unlike any news I can remember, news of September 11 was almost exactly simultaneous with the events themselves.
The blatant symbolism of the attacks—transcontinental American passenger jets destroying American skyscrapers—left no room to doubt their intended target. If you happened to live in Seattle, or Portland, or San Francisco, you were not excluded: the plane-bombs were squarely directed at the great abstraction of "America," its daily economic life, its government, its military power; and every resident of the United States had reason to feel that he or she was under assault by the terrorists. September 11 was unique in this: other shocking and violent events in the American past were relatively specialized and local—the assassinations of presidents, the destruction of a naval fleet, the mass murder of children at a school, the fiery annihilation of an eccentric cult, the blowing-up of a federal building. Except when they occurred in your neighborhood or line of work, they were about other people. September 11 was different because it was so clearly and insistently about ourselves. Although only some three thousand people actually died out of a population of nearly three hundred million, everyone living in America that morning could feel that we were, in some more-than-merely- metaphoric sense, survivors.
An unnatural quiet pervaded Seattle. Emptied of civilian aircraft, the sky was silent except for the rare snarl of a low-flying fighter jet. On Interstate 5, which bisects the city, the thin traffic moved at the solemn pace of a cortege, everyone keeping their distance, no one leaning on the horn, no one breaking ranks to get ahead. The sense of awful occasion was reinforced by the withdrawal of commercials from the networks: the sudden banishment of shrilling upbeat salesmen lent to the day the air of a Presbyterian sabbath. In the neighborhoods, strangers were talking to strangers on the street. It was much as older Londoners fondly describe the Blitz—a time when people discovered in themselves an unexpected capacity to behave as members of a warm and supportive community, huddling together in the face of a common enemy. This was the gift momentarily bestowed on us by the attacks, though it would not be long before the gift revealed itself…
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Grass clippings, tree trimmings, banana peels, and coffee grounds might sound like things you'd throw in the trash, but here at the High Line, these are all raw ingredients for "black gold," better known as compost.
Maintaining the High Line's more than 100,000 perennials, grasses, shrubs, and trees requires our gardeners and custodians to handle large quantities of waste plant material. As part of Friends of the High Line's commitment to sustainability, we ensure that all of this material is composted. We are able to send the majority of our leaves, grass clippings, and branches to the New York City Department of Sanitation's impressive composting facilities in Fresh Kills. This year, the High Line is proud to be expanding our composting program by piloting a two-bin composting system for processing small quantities of organic waste on-site. High Line Gardeners Maeve Turner, Meg Graham, and Kaspar Wittlinger spearheaded the project, constructing the compost bin and fine tuning the balance of raw materials. Working with the High Line Food program we have found ways to integrate High Line vendor waste into our compost. We add coffee grounds from Blue Bottle Coffee, and food scraps from Friends of the High Line's administrative and operations offices. These materials together provide the perfect environment for the organisms that convert these raw ingredients into finished compost.
So far, our on-site composting has produced a few cubic yards of compost. This compost will be used to make "compost tea" next spring, an aerated compost solution that will be used as a soil amendment and spray on the surface of our plants to help keep them healthy.
The main ingredients of a successful compost pile are carbon, nitrogen, air, and water. Each of these components plays a specific role for the organisms that break down plant debris and food scraps into finished compost. There are physical decomposers (such as pill bugs, worms, and mites) and chemical decomposers that break material down with chemicals from their bodies (microscopic organisms such as bacteria and fungi). All of these organisms require oxygen to breathe, water to keep them hydrated, and carbon and nitrogen to fuel their metabolism and create enzymes and proteins that act as a food source.
Carbon comes from "brown" garden materials such as autumn leaves, straw, wood chips and brown garden cuttings such as dead grasses that are cut down in the spring. Nitrogen comes from "green" garden materials such as grass clippings, fresh garden cuttings, kitchen food scraps, and coffee grounds. Air is supplied by frequent turnings of the pile and water is supplied by rain on an outdoor pile, or watering during turning if the pile is covered. A successful compost pile is layered with browns and greens, well watered, monitored for temperature change, and turned as needed, sometimes once or twice a week.
Composting is something anyone can do at home, even in NYC!
On Saturday, October 1, High Line visitors joined us for Learn to Compost in the City, an introduction to urban composting with High Line gardeners. Participants learned the basics of the science behind composting and different methods of urban composting. They even constructed their own worm bins for easy composting at home.
Sign-up for E-News to learn more about future composting sessions.


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Durbin issued the following statement:
"We believe the ongoing implementation of the Chemical Facility Anti-Terrorism Standards (CFATS) demonstrates a smart and aggressive approach to both securing and protecting the economic viability of this essential part of the nation's infrastructure. The legislation being considered by this committee represents an important step toward establishing permanent chemical security regulations.
"Security has long been a priority for our members and the chemical sector. To date, our members have invested $7.7 billion on facility security enhancements under ACC's Responsible Care Security Code, a commitment that began long before Congress passed legislation in 2006. The effectiveness of the program has been broadly recognized as the gold standard for the industry and served as the model for state and local programs in Maryland, New Jersey, and New York.
"While we share the goal of establishing permanent chemical security regulations, we are concerned several provisions in the legislation as introduced could undermine the important work that is already underway. While we have strong views on these issues, we appreciate the willingness of both the House Homeland Security and the Energy & Commerce Committee to seek our input and consider our viewpoint. We have had constructive discussions and remain hopeful that our concerns can be addressed as the legislative process progresses."


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By Mystic Life
I was recently asked, via my blog, to respond to the question I've listed below from a woman who was (like most of us) raised to be monogamous.
Upon reflection, I felt that my response may be helpful to readers who are still in the process of defining their values, or who perhaps have friends or family who try to challenge their choice to be polyamorous by stating it requires them to be "unfaithful" to their partner.
"Why is it ...Continue Reading →